I-360 60-day FRN Comment Response

Form I-360 Extension: 60-Day FRN Public Comment and Response

Comment Submitted by John Blackburn

USCIS Response

Hello, I have previously assisted Catholic men's Monastery's in filing form i-360 for members who were looking to advance to permanent resident status. I only recently became aware of the broader exercise of discretion applied when adjudicating i-360 petitions (of concern in this collection) as distinguished from the simple-eligibility standard of adjudication applied to the nonimmigrant petition form i-129. In the interest of self-filers who may not be keenly aware of the need to strive to merit favorable discretion above mere eligibility, could I ask you to consider including a place on the form (either on-form instructions or in the separate instructions) inviting filers to include evidences or considerations whereby they may show merit unto favorable discretion above minimum eligibility guidelines?

Thank you for your comment.  Although there are slight differences between the regulatory requirements for nonimmigrant and immigrant religious workers, USCIS employs the same adjudicative standard for both types of religious workers.  There is no more discretion exercised in adjudicating one than there is with the other.